Shri Patiram s/o Tukaram Tarone v. State of Maharashtra
2011-06-29
M.L.TAHALIYANI, V.K.TAHILRAMANI
body2011
DigiLaw.ai
V. K. TAHILRAMANI, J. :- The appellant/original accused has preferred this appeal against the Judgment and order dated 12th March, 2010 passed by the Additional Sessions Judge, Gondia in Special Criminal Case No. 24/2007. By the said Judgment and order. the learned Sessions Judge, convicted the appellant under section 363, 366 A, 377, 376 (2) (f) of IPC. For the offence under section 363 of IPC he was sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/i/d to suffer simple imprisonment for three months; for the offence under section 366A of IPC he was sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 500/i/d to suffer simple imprisonment for three months; for the offence under section 376F of IPC he was sentenced to suffer imprisonment for life and to pay tine of Rs. 1000/ in default rigorous imprisonment for six months; for the offence under section 377 of IPC to suffer rigorous imprisonment for three years and to pay fine of Rs. 500/i/d rigorous imprisonment for three months; and for the offence under section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act he was sentenced to suffer simple imprisonment for six months and to pay a fine of Rs. 500/i/d to suffer simple imprisonment for one month. 2. The prosecution case, briefly stated, is as under: P.W.1 Indubai was residing along with her two sons and daughter Nandini who was aged about 8 years in villa se Irandi. Indubai belonged to Mahar caste (Scheduled Caste). The appellant was known to the family of Indubai as he used to come to the house of Intlubai in the life time of her husband. On 23.5.2007, the appellant came to the house of the Indubai and he took the prosecutrix along with him on bicycle stating that he would give her some biscuits. Thereafter, the appellant took the prosecutrix to the jungle, he removed the clothes of the prosecutrix and his clothes. According to the prosecutrix the appellant tried to enter his private pan: into her private part and her buttock. There was bleeding from her private part. The accused gave one piece of cloth to clean the blood. Thereafter, he left her near a bridge and went away. The prosecutrix came back to her house and informed the incident to her mother.
There was bleeding from her private part. The accused gave one piece of cloth to clean the blood. Thereafter, he left her near a bridge and went away. The prosecutrix came back to her house and informed the incident to her mother. P.W.1 Indubai found that the nicker and other clothes of her daughter were blood stained. Indubai then went to Navegaon Bandh Police Station and lodged report (Exh. 21) against the appellant. The prosecutrix was referred to the Rural Hospital for examination. P.W. 6 Doctor Minal examined the prosecutrix. Dr.Minal noticed that there was bleeding from vagina and there was tear of vagina and clitoris and the hymen was ruptured. There were multiple lacerations over vaginal area. Lateral internal vulva of vagina had tear and there was tear on posterior pouch of douglas. The patient was admitted and was under observation for seven days. The vaginal vulvas was sutured. Accordingly, Dr. Kamble issued certificate (Exh. 39). In the opinion of the Doctor, the injuries were possible due to forceful penetration. After completion of the investigation, charge sheet came to be filed. In due course, the case was committed to the Sessions Court. 3. Charge came to be framed against the appellant under sections 363, 366, 376 and 377 of the Indian Penal Code and under section 3(1)(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellant pleaded not guilty and claimed to be tried. His defence is that of total denial and false implication. After going through the evidence adduced in this case by the prosecution, the learned Sessions Judge, convicted and sentenced the appellant/original accused as stated in para no.1 above, hence this appeal. 4. We have heard the learned counsel for the appellant and learned APP for the respondent state. We have perused the evidence in the present case as well as the Judgment and order passed by the learned Sessions Judge. After carefully considering the matter, we are of the opinion that the appeal deserves to be dismissed. 5. The star witness in the present case is the prosecutrix (P.W.2). At the relevant time, the prosecutrix was about eight years old. The prosecutrix has stated that at about 11.00 am. accused came to her house. He stated that he would give her a packet of biscuits. He took her on his bicycle to the jungle.
5. The star witness in the present case is the prosecutrix (P.W.2). At the relevant time, the prosecutrix was about eight years old. The prosecutrix has stated that at about 11.00 am. accused came to her house. He stated that he would give her a packet of biscuits. He took her on his bicycle to the jungle. Accused removed her clothes and also his clothes. The accused tried to penetrate his private part in her private part and her buttock. There was bleeding from her private part. The accused gave her one piece of cloth for cleaning blood. Thereafter, he left her near a bridge and went away. Then she came back to her house and informed the incident to her mother. 6. The evidence of the prosecutrix is corroborated by the evidence of her mother P.W.1 Indubai. P.W.1 Indubai has stated that on the day of the incident, she had gone for labour work. She came back at 2.00 p.m. and found that her daughter was missing. She asked her son Rajratan where the prosecutrix had gone. He told her that the accused had taken the prosecutirx for giving biscuits. Then Indubai again left for work. She came back at 5.00 p.m.. Her daughter also came back at the same time. She found the nicker and clothes of her daughter blood stained. She asked her what had happened. Her daughter told her that the accused had taken her in the jungle and there he undressed her and he also removed his clothes and slept on her. She also told her that the accused did sexual intercourse with her and also carnal intercourse forcibly. Her daughter was weeping. Her vagina was ruptured. Then Indubai went to Police Station and lodged report against the accused. Nothing has been elicited in the cross examination of P.W.1 and P.W.2 so as to disbelieve their testimonies. 7. P. W.6 Dr. Minal Kamble examined the prosecutrix. She found that there was bleeding from vagina and there was tear of vagina and clitoris and hymen was ruptured. Thee were multiple lacerations over her vaginal vulva. Lateral internal vulva of vagina had tear and there was tear on posterior pouch of douglas. Thus, the evidence of the prosecutrix is fully supported by the medical evidence. 8. The evidence of the prosecutrix also finds some support from the evidence of P W. 3 Pushpabai Borkar.
Thee were multiple lacerations over her vaginal vulva. Lateral internal vulva of vagina had tear and there was tear on posterior pouch of douglas. Thus, the evidence of the prosecutrix is fully supported by the medical evidence. 8. The evidence of the prosecutrix also finds some support from the evidence of P W. 3 Pushpabai Borkar. Her house was adjacent to the house of P.W.1 Indubai. She had stated that accused took P.W.2 on his bicycle saying that he would give biscuit to her. 9. The evidence of the prosecutrix and evidence of P W.6 Dr. Minal Kamble as well as other witnesses clearly establish that the accused committed the offence under sections 363, 366A, 376 and 377 of the Indian Penal Code. In view of the evidence of P.W.1 Indubai and the caste certificate (Exh. 42) produced by her, the offence under section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, is also made out. 10. At this stage, the learned advocate for the appellant submitted that for the offence under section 376(2)(f) of the Indian Penal Code, the trial Judge has imposed sentence of life imprisonment which, according to him, is very harsh. He submitted that the said sentence be reduced to the period of ten years. He submitted that in cases of similar nature the sentence of imprisonment for ten years was imposed. In order to fortify his contention, he has placed reliance on the decision of the Supreme Court in the case of State of Andhra Pradesh vs. Polamala Raju alias Rajarao, 2000 Cri. L.J. 4014. He pointed out that in the said case rape was committed on a child who was below twelve years of age. In the said case, the Supreme Court felt sentence of imprisonment of ten years was adequate. We have perused the judgment, it is noticed that in the said case the trial court had awarded the prescribed minimum sentence of ten years rigorous imprisonment which was reduced by the appellate Court to five years. However, the Supreme Court held that no adequate or special reasons were given in the Judgment by the High Court and hence restored the sentence awarded by the trial court.
However, the Supreme Court held that no adequate or special reasons were given in the Judgment by the High Court and hence restored the sentence awarded by the trial court. In the said case, the trial court had imposed sentence of ten years which was restored by the Supreme Court, however, in the present case the trial court has imposed a sentence of life imprisonment. Other distinguishing factors are that firstly the victim girl was twelve years of age whereas, in the present case the victim is hardly years of age and secondly the extent of the injuries sustained by the victim girl are not mentioned in the Judgment, hence, it is not possible for us to find out if there is any similarity between that case and the present case. The decision based on the peculiar facts of that case, cannot be of help in the present case. 11. The second decision on which reliance is placed by the learned counsel for the appellant, is on the case of Vishnu Kisan Chambur vs. State of Maharashtra and another, 1998(3)Mh.L.J. 659. In the said case, the prosecutrix was little less than sixteen years of age. No marks of violence were found on the private part of the prosecutrix. Moreover, the facts therein are entirely different. The accused took the prosecutrix in a taxi to a hotel. He closed the door of the room and thereafter he had forcible sex with the prosecutrix. It is in view of these facts and circumstances that it was held that a sentence of five years rigorous imprisonment would be adequate. The decision relied upon is not one under section 376 (2)(f) of IPC whereas in the present case looking to the age of the prosecutrix, the case clearly falls under section 376 (2)(f) for which minimum punishment prescribed is ten years. Hence, this decision also would be of no help to the appellant. 12. The last decision, on which reliance is placed, is in the case of State of Karnataka vs. Krishnappa, AIR 2000 Supreme Court 1470. In the said case also the trial court had awarded punishment of ten years rigorous imprisonment which was reduced by the appellate court. The Supreme Court held that neither special or adequate reasons for reducing the sentence were given and hence set aside the order of the appellate court.
In the said case also the trial court had awarded punishment of ten years rigorous imprisonment which was reduced by the appellate court. The Supreme Court held that neither special or adequate reasons for reducing the sentence were given and hence set aside the order of the appellate court. The nature and extent of the injuries is not mentioned in the said Judgment and it appears that the decision was rendered in the peculiar facts of that case, hence this decision can be of no assistance in the present case. 13. We are of the considered opinion that it is an obligation of the sentencing Court to consider all relevant facts and circumstances bearing on the question of sentence and impose a sentence commensurate with the gravity of the offence. The sentencing Court must hear the loud cry for justice by the society and more particularly, in cases of heinous crime of rape of an innocent and helpless child, as the victim in this case, and respond by imposing a proper sentence. In recent years, it is noticed that crimes against women are on the rise. These crimes are an affront to the human dignity of the society. Imposition of grossly inadequate sentence and particularly against the mandate of the legislature not only is an injustice to the victim of the crime in particular and the society as a whole in general but also at times encourages a criminal. 14. The Courts have an obligation while awarding punishment to impose appropriate punishment so as to respond to the society's cry for justice against such criminals. Public abhorrence of the crime needs a reflection through the Court's verdict in the measure of punishment. The Courts must not only keep in view the rights of the criminal but also the tights of the victim of the crime and the society at large while considering imposition of the appropriate punishment. The heinous crime of committing rape on a helpless eight year old girl shakes our Judicial conscience. The offence was inhumane. The measure of punishment in a case of rape cannot depend upon the social status of the victim or the accused. It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. Crimes of violence upon women need to be severely dealt with.
The measure of punishment in a case of rape cannot depend upon the social status of the victim or the accused. It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. Crimes of violence upon women need to be severely dealt with. Protection of society and deterring the criminal is the avowed object of law and that is required to be achieved by imposing an appropriate sentence. The sentencing Courts are expected to consider all relevant facts and circumstances bearing on the question of sentence and proceed to impose a sentence commensurate with the gravity of the offence. 15. In the case of State of Rajasthan vs. Madan Singh, 2008 Cri.L.J.1939, it is observed by the Supreme Court that the measure of punishment in a case of rape must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. The socioeconomic status, religion, race, caste or creed of the accused or the victim are irrelevant considerations in sentencing policy. The sentencing Courts are expected to consider all relevant facts and circumstances bearing on the question of sentence and proceed to impose a sentence commensurate with the gravity of the offence. Courts must hear the loud cry for justice by the society in cases of the heinous crime of rape on innocent helpless girls of tender years and respond by imposition of proper sentence. 16. The evidence of P.W.6 Dr. Kamble shows that not only the hymen of the prosecutrix was ruptured but extensive injuries were found on the vagina of the prosecutrix. There was also tear on posterior pouch of douglas. Lateral internal vulva of vagina had tear. The tears in the vagina were so extensive that they had to be sutured. The prosecutrix was admitted in the hospital for seven days. Looking to the nature of the injuries and the age of the prosecutrix, we are of the opinion that no case is made out for reducing sentence of imprisonment imposed by the trial court under section 376 (2)(f) of the Indian Penal Code. 17. Before parting with the Judgment, we wish to place on record our appreciation for the able assistance rendered by the learned Advocate for the appellant. 18. Appeal is dismissed. Appeal dismissed.